Sponsoring a Green Card

[HRinCA]

What is the name of your state (only U.S. law)? CA

An employee has asked my company to sponsor his H1-B and his green card. We are considering it, however is it permissible in California to have the employee sign a promissory note to repay the company for the cost should he leave? We are thinking a graduated schedule on the note, the longer he stays the less he would pay back.

Thanks!

 

[FlyingRon]

Getting H1B authorization isn't a "fill out a form" type thing. You're going to need to consult an immigration attorney.

You have to be very careful on trying to recoup things from H1B's. While you may be able to recoup liquidated actual damages you are out, you are banned by federal law from exacting any penalty for leaving. California permits such liquidated damages clauses in employment contracts.

 

[HRinCA]

Ron

Thank you for your response. We do have an immigration attorney who states on a federal level you can have him sign the promissory note, but is not sure California law will allow it. Immigration Attorney is in Alabama and has been renewing the TN Visa. Just trying to see if anyone could offer any information relevant to California.

Getting H1B authorization isn't a "fill out a form" type thing. You're going to need to consult an immigration attorney.

You have to be very careful on trying to recoup things from H1B's. While you may be able to recoup liquidated actual damages you are out, you are banned by federal law from exacting any penalty for leaving. California permits such liquidated damages clauses in employment contracts.

 

[FlyingRon]

To repeat what I said before: California permits such liquidated damage clauses in contracts.